7049

2010-2011

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

National Broadband Network Companies Bill 2010

 

 

(Amendments to be moved by Senator Birmingham on behalf of the Opposition in committee of the whole)

(1)     Clause 3, page 3 (lines 8 to 22), omit paragraph (1)(b).

[Commonwealth ownership provisions]

(2)     Clause 4, page 5 (lines 9 to 26), omit the fourth and fifth dot points.

[Commonwealth ownership provisions]

(3)     Clause 5, page 7 (line 2), omit the definition of Commonwealth ownership provisions .

[Commonwealth ownership provisions]

(4)     Clause 5, page 7 (lines 14 to 16), omit the definitions of declared pre-termination period and declared sale deferral period .

[Commonwealth ownership provisions]

(5)     Clause 9, page 15 (lines 4 to 8), omit the clause, substitute:

9  Supply of eligible services to be on wholesale basis

             (1)  An NBN corporation must not supply an eligible service to another person unless:

                     (a)  the other person is a carrier or a service provider; and

                     (b)  the other person, or a member of that person’s immediate circle, will use the eligible service to supply a carriage service or a content service to the public.

             (2)  For this section, a service is supplied to the public if:

                     (a)  it is used for the carriage of communications between 2 end-users, each of which is outside the immediate circle of the supplier of the service; or

                     (b)  it is used for point-to-multipoint services to end-users, at least one of which is outside the immediate circle of the supplier of the service.

             (3)  In this section:

immediate circle has the meaning given by section 23 of the Telecommunications Act 1997.

[supply to the public]

(6)     Clauses 10 to 16, page 15 (line 9) to page 17 (line 32), clauses 10 to 16 TO BE OPPOSED .

[removal of exemptions to wholesale-only rule]

(7)     Page 36 (after line 4), after clause 41, insert:

41A  Restrictions on services higher than Layer 2

             (1)  An NBN corporation must not supply an eligible service that is higher than Layer 2 in the Open System Interconnection (OSI) Reference Model.

             (2)  The Minister may, by legislative instrument, exempt a specified eligible service from the operation of subsection (1).

             (3)  The Minister must not make or vary an instrument under subsection (2) unless the Minister is satisfied that the instrument complies with the following network layer principles :

                     (a)  an NBN corporation should not supply services at a layer in the network hierarchy of the national broadband network that is higher than Layer 2 unless the relevant demand cannot be satisfied by means of the provision of a service at Layer 2;

                     (b)  an NBN corporation should not supply services at a layer in the network hierarchy of the national broadband network other than the lowest technically feasible layer;

                     (c)  an NBN corporation should not compete for the supply of services if competition for the supply of the same or equivalent services already occurs, or if there is a reasonable prospect that competition for the supply of the same or equivalent services will occur;

                     (d)  the proposed exemption will assist to promote competition in downstream wholesale and retail markets.

             (4)  Before making or varying an instrument under subsection (2), the Minister must:

                     (a)  cause to be published on the Department’s website a notice that:

                              (i)  sets out the draft instrument or variation; and

                             (ii)  gives the reasons why the Minister is satisfied that the instrument or variation complies with the network layer principles; and

                            (iii)  invites persons to make submissions to the Minister about the instrument or variation within 14 days after the notice is published; and

                     (b)  ask the ACCC to give advice to the Minister, within 28 days after the publication of the notice, about the instrument or variation; and

                     (c)  consider the advice and any submissions.

[restriction on products higher than Layer 2 products]

(8)     Clause 43, page 37 (lines 5 to 22), omit the first and second dot points.

[Commonwealth ownership provisions]

(9)     Subdivision A, clauses 44 to 46, page 38 (line 3) to page 39 (line 5), Subdivision A TO BE OPPOSED .

[Commonwealth ownership provisions]

(10)   Heading to Subdivision B, page 39 (lines 6 and 7), omit the heading, substitute:

Subdivision B—Productivity Commission Inquiry

[Commonwealth ownership provisions]

(11)   Clauses 47 and 48, page 39 (line 8) to page 41 (line 16), clauses 47 and 48 TO BE OPPOSED .

[Commonwealth ownership provisions]

(12)   Clause 49, page 41 (lines 19 to 22), omit subclause (1), substitute:

             (1)  This section applies if it is proposed to enter into an NBN Co sale scheme and there has not been a previous reference to the Productivity Commission under this section.

[Commonwealth ownership provisions]

(13)   Clauses 50 and 51, page 44 (line 14) to page 46 (line 4), clauses 50 and 51 TO BE OPPOSED .

[Commonwealth ownership provisions]

(14)   Clause 52, page 46 (lines 10 and 11), omit “unless the Commonwealth ownership provisions have ceased to have effect”, substitute “until 15 sitting days after the Parliamentary Joint Committee on the Ownership of NBN Co has reported to both Houses of the Parliament”.

[Commonwealth ownership provisions]

(15)   Clause 53, page 46 (lines 16 and 17), omit “unless the Commonwealth ownership provisions have ceased to have effect under section 51”, substitute “until the completion of 15 sitting days after the Parliamentary Joint Committee on the Ownership of NBN Co has reported to both Houses of the Parliament, under paragraph 3(1)(b) of Schedule 2, on the Committee’s examination of the report of the Productivity Commission inquiry mentioned in section 49”.

[Commonwealth ownership provisions]

(16)   Clause 96, page 79 (lines 13 to 15), omit the clause, substitute:

96  Public Works Committee Act

                   NBN Co is taken to be an authority of the Commonwealth to which the Public Works Committee Act 1969 applies under section 6A of that Act.

[status of NBN Co]

(17)   Page 79 (after line 15), after clause 96, insert:

96A  Freedom of Information Act

                   NBN Co is taken to be a prescribed authority for the purposes of the Freedom of Information Act 1982.

[status of NBN Co]

(18)   Schedule 1, page 82 (line 6), omit “(1)”.

[no retail operations]

(19)   Schedule 1, page 82 (lines 12 to 25), subclauses 1(2) and (3) TO BE OPPOSED .

[no retail operations]